Madhya Pradesh High Court
WP/2001/2024 of MAJJA MEDA Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFOREHON'BLE SHRI JUSTICE RAVI MALIMATH,CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLAON THE 2[nd] OF FEBRUARY, 2024WRIT PETITION No. 2001 of 2024
BETWEEN:-
MAJJA MEDA S/O SHRI BADIYA MEDA, AGED ABOUT 51YEARS, OCCUPATION: LABOR R/O VILLAGE RAJPURATEHSIL MEGHNAGAR DISTT. JHABUA (MADHYAPRADESH)
(BY SHRI BHEEMSEN SONI - ADVOCATE)
.....PETITIONER
AND
1.THE STATE OF MADHYA PRADESH, THROUGHSUPERINTENDENT OF POLICE, OFFICE OF THESUPERINTENDENT OF POLICE, JHABUA, DISTT.JHABUA (MADHYA PRADESH)SUPERINTENDENT OF POLICE, OFFICE OF THESUPERINTENDENT OF POLICE, JHABUA, DISTT.JHABUA (MADHYA PRADESH)
2.STATION HOUSE OFFICER/THANA INCHARGE,POLICE THANDLA, JHABUA, DISTRICT JHABUA(MADHYA PRADESH)POLICE THANDLA, JHABUA, DISTRICT JHABUA(MADHYA PRADESH)
3.DEVCHAND BARIYA, S/O SHRI MAGAN BARIYA,R / O GRAM PIPLIYAPADA, CHENPURA, TEHSILMEGHNAGAR DIST. JHABUA (MADHYA PRADESH)R / O GRAM PIPLIYAPADA, CHENPURA, TEHSILMEGHNAGAR DIST. JHABUA (MADHYA PRADESH)
4.MAGAN BARIYA, R/O GRAM PIPLIYAPADA,CHENPURA TEHSIL MEGHNAGAR DIST. JHABUA(MADHYA PRADESH)CHENPURA TEHSIL MEGHNAGAR DIST. JHABUA(MADHYA PRADESH)
5.DITA, S/O SHRI KODARIYA GRAM CHENPURATEHSIL MEGHNAGAR DIST. JHABUA (MADHYAPRADESH)TEHSIL MEGHNAGAR DIST. JHABUA (MADHYAPRADESH)
6.RADU S/O SHRI PIDIYA, R/O GRAM CHENPURA,TEHSIL MEGHNAGAR, DIST. JHABUA (MADHYATEHSIL MEGHNAGAR, DIST. JHABUA (MADHYA
PRADESH)
7.KANTU S/O SHRI PIDIYA, R/O GRAM CHENPURA,TEHSIL MEGHNAGAR, DIST. JHABUA (MADHYAPRADESH)
.....RESPONDENTS
(SHRI GAURAV SINGH CHOUHAN - GOVERNMENT ADVOCATE FORRESPONDENTS NO.1 AND 2)
This petition coming on for orders this day, Hon'ble Shri Justice Ravi Malimath, Chief Justice passed the following:
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ORDER
This petition is filed seeking for a writ of habeas corpus for productionof the daughter of the petitioner. It is his case that respondents No.3 to 7 havetaken away his daughter. That an F.I.R. vide Crime No.604 of 2023 has beenlodged at Police Station Thadla, District Jhabua.
Under these circumstances, when the petitioner is aware where hisdaughter is, then he has to appropriately pursue his remedy before thegovernmental authorities where he has filed. A writ of habeas corpus cannot beentertained when the petitioner himself knows where his daughter is. Hence, bygranting liberty to pursue his remedies in the F.I.R. that has been registered, thepetition is disposed off.
psm
(RAVI MALIMATH)CHIEF JUSTICE
(VIJAY KUMAR SHUKLA)JUDGE